2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 11 - (440 - 451) LIMITATIONS APPLICABLE TO NEW ENTRANTS
440 - Application.

 
    § 440. Application. a. Notwithstanding any other provision of law, but
  subject  to  the provisions of subdivisions c and d of this section, the
  provisions and limitations of  this  article  shall  apply,  as  may  be
  appropriate,  to  all  members  who  join  or rejoin a public retirement
  system of the state or of a municipality thereof, and to  all  employees
  who  would  be  eligible  to  join  such a retirement system but in lieu
  thereof elected an optional retirement program to which their  employers
  are  thereby  required  to  contribute, on or after July first, nineteen
  hundred  seventy-three,  but  prior  to  July  first,  nineteen  hundred
  seventy-six.  In  the  event  that  there  is  a  conflict  between  the
  provisions of this article and the provisions of any other law or  code,
  the provisions of this article shall govern.
    b.  The  provisions  of  this article shall not be construed to extend
  coverage to an employee not  otherwise  eligible  for  membership  in  a
  retirement system or to provide an increase in benefits to a member of a
  retirement  system  other  than  as  provided  by  section  four hundred
  forty-five-d, or section four  hundred  forty-five-f,  or  section  four
  hundred  forty-five-h  or  section  four  hundred  forty-eight  of  this
  article.
    c. Notwithstanding any other provision  of  law,  the  provisions  and
  limitations  of  this article shall apply, as may be appropriate, to all
  police officers and firefighters who last  joined  a  public  retirement
  system  of  the state or a municipality thereof, on or after July first,
  nineteen hundred seventy-six, but prior  to  July  first,  two  thousand
  nine,  and all employees subject to the provisions of article twenty-two
  of this chapter; provided, however, that  in  the  case  of  a  conflict
  between  the  provisions  of this article and article twenty-two of this
  chapter, the provisions of article twenty-two shall be controlling.
    d. Notwithstanding the provisions of subdivision a  of  this  section,
  members  who  were  employed by the New York city board of education and
  assigned during the first fifteen days of the school term to a  position
  which  is  expected  to be vacant for that term and who were employed in
  one of the three school years immediately prior to July first,  nineteen
  hundred  seventy-three in a position which did not entitle them to apply
  for membership in a public retirement system and who  first  joined  the
  New  York city teachers' retirement system subsequent to June thirtieth,
  nineteen hundred seventy-three but prior  to  June  thirtieth,  nineteen
  hundred  seventy-six  shall have all the rights, benefits and privileges
  applicable to  employees  who  were  members  of  such  system  on  June
  thirtieth,  nineteen  hundred  seventy-three  provided they make written
  application, duly executed and filed with the New  York  city  teachers'
  retirement board prior to July first, nineteen hundred eighty-nine.
    d-1.  Notwithstanding the provisions of subdivision a of this section,
  members who were employed by the New York city  board  of  education  as
  regular  substitute  teachers when assigned as such and members who were
  employed by the New York city board of education and assigned during the
  school year to a position which was  expected  to  be  vacant  for  that
  school  year, such members having been employed for a period of not less
  than twenty school days during such school year in a position which  did
  not  entitle  them to apply for membership in a public retirement system
  and who first joined the New York city teachers'  retirement  system  or
  the  New York state teachers' retirement system prior to June thirtieth,
  nineteen hundred seventy-six shall have all  the  rights,  benefits  and
  privileges  to  which  they  would  have been entitled had their current
  membership begun on the date their original service commenced,  provided
  they  make  written  application,  duly  executed  and  filed  with  the
  retirement system in which they are members on or before June thirtieth,
  two thousand three.

    e. Notwithstanding any other provision of law  to  the  contrary,  the
  provisions  and  limitations  of  this  article  shall  apply, as may be
  appropriate, to all investigator members of the New York city employees'
  retirement system who last joined such retirement  system  on  or  after
  July  first,  nineteen  hundred  seventy-six, and prior to the effective
  date of the chapter of the laws of two  thousand  twelve  which  amended
  this subdivision.